Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1887-11-22
Wac viii Be Senator.
a Talk ,oftA Mr.. Lucas Abouthi i Con.
test-He is Coyfdeat that He Wm
Succeed Mr.. Camden-West yir-
oinia as a Doubtful State.
From the washington Post of Friday.l


From the Washington Post of Friday.l
Daniel B. Lucas. who has been appointed
Senator from. West Virginia by Gov. Wilson,
arrived in Washington last night and regis
tered ut the National Hotel. He has come pre-
pared to contest with Judge Faulkner, who
was elected by the extra session of the Legisla-
ture, the possession of the seat in the Senate
vacated by Mr.. Camden. and. will stay in this
city until the matter is finally settled. As to
the result. Mr.. Lucas is sanguine: He believes
that the Senate will recognize his credentials
and swear him in. He has already taken steps
to establish his claim. having sent to each Sem
ator a pamphlet giving his side of the case
Many replies have been received by him. but
these, of course. he considers confidential and
will not divulge their contents.
(" suppose" he said to q Post reporter last
night, that my case will follow the usual
routine of reference to the Committee on Priv
ivegcs and Elections, and when ID has been re-
ported upon by that committee the Senate will
give its Judgment after thorough discussion
aud mature elaboration. Asfor myself. hold
the regular gubernatorial certificate, whereas
Judge Faulkner has merely a statement of Of
fetal record signed by the Governor. He has
no certificate rs required by the Constitution.
and this is the vital difference between his case
and mine. If l were to die tomorrow the Sem
ate could not. in my opinion. swear In Judge
Faulkner on the credentials which he now
holds. l have not the slightest doubt OF the
legality OF my position. and do not see how
the Senate can do otherwise than seat me II it
desires to uphold the Constitutions of the
United States and of West Virginia. 1 have
made Il most thorough and exhaustive exam
ination. of the law, and am satisfied that It is
ON my side"
THE contest rests. does it not. GU the action
OF the extra session Of the Legislature in elect
Ing Judge Faulkner ?"
~ccutive session. as we call it. by the Governor
for specific purposes set forth in his proclama-
ton. Now it is distinctly stated in our State
constitution that the Legislature when so con-
| yputI5 SHALL enter unnu mn IIfSinRSS pyppDt TINT
stated in the proclamation by which 1t was
called together The Senatorial question was
not referred to III the proclamation. and yet
the Legislature went through the form of elect
ing a Senator. This act. in my opinion. and /
believe the majority of the legal profession in
my State sustains me, was n violation of the
constitution. More than this, If the Legislature
had the right to do this. It could have redis-
trictcd the State, appointed Presidential cleo
tors, proposed and adopted constitutional
amendments or anything else it saw fit. If its
present action is sustained, n very wide door is
opened and a precedent made which will abso-
lutcly destroy the policy and purpose of the
constitution In restricting the business of exec
utivc sessions of the Legislature to certain
Are there any prcccdcnts already cstab-
lished Z"
My case, I believe" was the reply, sis a
peculiar one. Only one other State. If my
knowledge is correct. has a clause in its consti-
tuition similar to the one / have just quoted
That State is Illinois. from whose constitution
we copied the provision. In 1917. when the
city of Chicago was burned. the Governor of
Illinois convened III extraordinary session OF
the Legislature to meet the emergency. Ac-
cOrding to the position taken by Judge Faulk-
ner's friends that Legislature could have taken
up the most important questions of State poll
cy, entirely regardless of the specifications of
the proclamation. l hold it could not, aud !
have come to Washington to look up this and
other prcccdcnts to aid me in my case. or
course il is natural that more Difference should
be paid to the choice of q Legislature than to
the appointment of a Governor. but a prefer
ence of that sort. in this case, would involve
the destruction of a most important clause of
our State constitution and n violation of the
Constitution of the United States. We cannot.
I think. surrender to sentiment what is due to
principle. and the Senate has uniformly re-
fused to do SO heretofore"
Is there any likelihood of another session
of the Legislature being callcd?"
"NO. and the fight must be fought ont on its
present basis. Should l be seated I would hold
the position until the Legislature meets in jan
nary, 1851. chooses my successor and he quail
itics. Judge Faulkner. on the other hnnd.
would serve for six years from the .4th OF last
March"
What is the feeling regarding President
Cleveland in West Virginia?"
80 far as I know Mr.. Cleveland stands high
with the Democracy of my State. the feeling in
his favor being rather II tribute to what IS re-
gardcd rs his honest and independent course
since he has been in the presidential CHAIR
There is Il very considerable class of the De-
mocracy. however, who think that the patron
aye in the State was very unfortunately dele
gated to our Senators and Representatives and
that their selections have not in very many in
stances been in accord with the wishes of the
majority of the party nor III accord with the
best interests of the country. l think that is a
very general sentiment throughout the State"
is that sentiment strong enough to lose the
Statc?"
IL would not put it in that light exactly. I
would. however. say this-that the vote of the
last election in West Virginia was n pretty
r1ps1 p,,n ArnnrIi1NtP IN nv finn flR DOM
Ocrats carried the State at the last election by
n majority Of between COO and 700, whereas the
majority for Cleveland was over 5000. The
majority that we did succeed in obtaining was
due almost entirely TO the solid Democratic
vote of what we call the cis-Allcghemy region
of the State. which gave u Democratic major
ity of about 5000. The western part of the
State is Republican,"
What is necessary. then. to keep West
Virginia out of the doubtful column"
"Thc position of West Virginia depends
very much upon the course taken hy the two
parties. There are certain elements there
which ought to be cOnciliatcd-tIe agricultural
interests and the labOriug classes, for Instance.
They hold the balance of power. aud if their
interests are consulted i'll Congressional leTiS-
lntion aud otherwise it is probabl. that the De-
mOcrscy will hold the State. On the other
hand. il these large interests are sacrificed and
they become indifferent the State will go Re-
publican"
Mr.. Lucas says that the universal sentiment
in all parties in West Virginia is that the sur
plus should be gotten rid of. not By increased
expenditures or cxtravugant subsidies, but by
some Legitimate and proper reduction of the
tariff. In answer to n question. he said that
he had not exercised his Senatorial ~prcrOgative
in the matter of seeking appointments. He
expressed himself rs strongly opposed to any
| political system which turned the entire Fed
eral patronage of y State over to the Senators
and Representatives lie thought that Il SEN
ntOr's recommendation should carry its due
weight. but held that n division of the offices.
SO that one Senator controlled q postmaster
ship. while another controlled n deputy collCc-
tOrship. was radically wrong.